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The India Patent Office (IPO) grants Patent Registration in India for Inventions. Once the Patent is registered, the Applicant gets monopoly over his/her Invention for a prescribed period of time (Normally twenty years from the Priority date/Patent filing date). Applicant gets the sole right over the invention to exclude others from making, using, selling and importing the Patent.
In order to get the Patent Registration in India, a specific procedure provided in the Patents Act, 1970 and The Patents Rules, 2003 needs to be followed. Indian Patent Office with its branch offices in Delhi, Mumbai, Kolkata, and Chennai holds the authority for providing Patent Registration in India. The appropriate jurisdiction for Patent filing under said branch offices is normally decided based on the Applicant’s domicile or place of business or the place from where the invention actually originated. One can also file an application for Patent Registration through online procedures.
If an Applicant is looking for Patent Registration in India, we are happy to provide you with our services and help you through the Patent registration process in India. We also provide assistance for international Patent registration.
There are four main branches for Patent Registration in India. The Patent Registration offices are situated at Kolkata, Delhi, Chennai and Mumbai.
Applying for the registration of Patent is the first step to start the process of Patent Registration in India. The question then arises is, who are eligible for filing Patent Application in India for Patent Registration? To answer this question, the Patent Act says that Patent application for the invention may be made by "True & First inventor of the Invention" "Assignee of the person claiming to be the true & first inventor" "legal representative of any deceased person who immediately before his death was entitled to make Patent application" for the Patent Registration. Therefore, only defined Applicant is eligible for filing of Patent Application for Patent Registration in India. For Patent Registration in India, Indian Patent Office accepts the prescribed Forms and documents along with the Official fees as given under the First Schedule of Patents Rule.
Below is the prescribed Forms and documents which need to be filed in the designated Patent Office along with the Official Fees for the Patent Registration :
The following forms are to be submitted in the Patent Registration office to complete the Patent Registration process:
Form-1 (Application for grant of a Patent) : It includes the details of the Inventor(s), Applicant(s), type of Patent Application is filed, title of the invention, certain declaration from the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.
Form-2 (Provisional/Complete Specification) : It includes the information for the type of Application, the title of the invention, description, claims, abstract of the invention.
Form-3 (Statement and Undertaking) : It includes a statement and undertaking on behalf of the inventor for updating the Controller for any foreign filing Application filed for Patent Registration.
Form-5 (Declaration as to Inventorship) : A declaration as to Inventorship must be filed in the Patent Registration Office of India.
Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act) : In the case where Patent Application for Patent Registration in India is filed by Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for authorization must be submitted in the Patent Registration Office.
Further, in the case where Patent Application for Registration in India is based on the previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed along with the application to the Patent Registration Office along with other required documents.
In the case where the previous Patent Application is in a language other than Hindi or English, a Verified Translation of the same also needs to be submitted to the Indian Patent Registration Office.
Form-28 (To be submitted by a small entity/start-up) : In order to take benefit under the category of small entity/start-up, proof or evidence needs to be submitted.
At last, all the documents, Forms or Drawings must be signed by the authorized person or the inventor.
Once the Patent Application is filed, it will be published by the IPO after Eighteen (18) months in the Official Gazette of the IPO for the Public. Publication of Patent Application is an automatic process; it does not require any request from the Patent Office in India. However, if one wishes to publish early, a request for early publication can be filed by the Applicant to the Patent Registration Office. On filing early publication, Patent Application can be published within one Month from the date of filing of the request.
There is a prescribed form and timeline for filing an application for registration of Patent. The application is then examined by the authorities. The Controller examines the Patent Application, only after receiving of the request for examination. Upon receiving the request for examination, the Patent application is examined by the Patent Registration Office, India.
Once the process of examination is done, the Controller either grants the Patent registration or issues an examination report. The report may include certain subject matter objection or procedural objection. Normally, the Applicant gets six months’ time for submitting the reply of the Examination report. As a next step, if Controller gets satisfied, grants the Patent else give a hearing option to the Applicant.
If the Patent application fulfils the prescribed criteria for a Patent Registration, it will be granted by the Controller, published in the Official Gazette of the Patent Office India and issue a Certificate for the Patent Registration to the Applicant.
For Patent Registration in India, above discussed minimum forms and prescribed fees must be filed. It is also important to understand that the Patent Registration in India is a complex and tedious task, each and every detail should be filed in the prescribed manner and meeting timelines mandatory. It is important that each and every step also need to be followed carefully and as per the directions provided by the Indian Patent Act and Rules. Therefore, it is always advisable to hire or consult an experienced registered Patent Attorney/Agent for registration of the Patent Application in India.
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